A Newer Crime With Serious Consequences
In Indiana, dealing resulting in death is a Level 1 Felony offense. The statute can be found here. Dealing occurs when an individual knowingly or intentionally delivers, sells, or finances the delivery of a controlled substance to another person, and that person dies from using the substance. The ramifications of this charge can be incredibly severe and include significant prison time and fines. Our firm took the very first case under this statute to jury trial, and though our client was convicted, we were able to get the conviction reversed on appeal. This blog will discuss what constitutes 'dealing resulting in death' in Indiana and how it is charged in the state.
A Severe Crime
Dealing resulting in death is a grave offense in Indiana. It is classified as a Level 1 felony in the state and can carry up to 40 years of incarceration and a $10,000 fine. The severity of this charge reflects Indiana's seriousness in preventing drug-related deaths in the state. This crime is taken very seriously, and you will face stiff penalties if convicted.
The Elements of the Crime
To be convicted of dealing resulting in death in Indiana, prosecutors must prove that the defendant knowingly or intentionally delivered, sold, or financed the delivery of a controlled substance to another person who then died from using the substance. It is important to note that the prosecutor must prove that the substance was directly responsible for the death.
Defenses Against the Crime
Dealing resulting in death is a very challenging crime to defend against because the statute specifically excludes two defenses. That is, the statute specifically states that it is not a defense to this crime that the deceased voluntarily took the drug, and it is not a defense that the person took the drug in combination with other drugs. In other words, if you deliver a drug and the person who takes it dies, you can be convicted even though they wanted to take the drug and even if they were using other drugs at the time. Despite these limitations, a skilled defense attorney can still find ways to dispute whether a delivery even occurred or whether there is a reasonable possibility that the defendant took different drugs from those that were delivered.
Work With Criminal Defense Attorneys
It is crucial for individuals who are charged with dealing resulting in death in Indiana to speak with a qualified team of criminal defense attorneys as soon as possible. They can review your case and advise on how best to proceed. They can also help you defend against the charges and aggressively argue for your rights.
Make one call for your best defense. Call The Criminal Defense Team today to fight back against serious drug charges. Learn more or schedule a case review by calling (317) 565-2221 or visiting our website.